HomeMy WebLinkAboutT-5603 - Agreement/Covenant - 6/9/2009 (4) WHEN RECORDED MAIL TO:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, Ca 93721-3603
06/09/1009,10090077713
NO FEE - Government Code 6103
CITY OF FRESNO
Public Works Department
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STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR TEMPORARY ON-SITE STORM DRAINAGE FACILITIES
FOR THE FINAL MAP OF TRACT NO. 5603
Statement of Covenants
Temporary Storm Drainage Facilities
Tract No. 5603
Page 2
RECITALS
WHEREAS, HABITAT FOR HUMANITY FRESNO, INC., a California Non-Profit Public
Benefit Corporation, hereinafter designated and referred to as the "Covenantor," is the owner of
the real property situated in the City of Fresno, County of Fresno, State of California,
hereinafter referred to as the "Subject Property" and more particularly described as:
Lots 9 through 12, inclusive, of Tract No. 5603 according to the map thereof recorded
on Tung- 20LL__ in Volume L / of Plats at
Pages //, /a t /:3 Fresno County Records; and
WHEREAS, the Covenantor hereby warrants that any and all parties having record title
interest in the Subject Property which may ripen into a fee have subordinated to this instrument and
that all such instruments of Subordination, if any, are attached hereto and made a part of this
instrument; and
WHEREAS,a condition of approval for the Final Map of Tract No.5603, hereinafter referred
to as "map," requires the provision and maintenance of temporary storm water storage
(ponding basin) and temporary underground pipeline, hereinafter referred to as "temporary storm
drainage facilities," until such time that permanent storm drainage facilities are available to serve
said map; and
WHEREAS, the Covenantor and the City of Fresno desire to enter into an agreement
providing for such temporary storm drainage facilities.
COVENANTS, CONDITIONS, AND RESTRICTIONS
The Covenantor hereby covenants that the Subject Property shall be held, conveyed,
encumbered, used, occupied, developed, maintained, and improved subject to the following
covenants, conditions, and restrictions, which are for the purpose of enhancing attractiveness,
usefulness, value, desirability, and safety of the Subject Property, the surrounding property, and
the public at large, and to minimize possible adverse effects on the public health, safety, peace,
and general welfare. Each of the covenants, conditions, and restrictions contained in this
Statement shall run with the subject property and shall be binding upon and inure to the benefit of
Statement of Covenants
Temporary Storm Drainage Facilities
Tract No. 5603
Page 3
each successive owner of the Subject Property and his heirs, successors, and assigns during his
ownership thereof.
1. The Covenantor agrees that the Subject Property shall be used for temporary storm
drainage facilities purposes. The Covenantor agrees to construct and maintain said temporary
storm drainage facilities on the Subject Property and grants to the City of Fresno the right to enter
upon the Subject Property for purposes of inspection and to regulate the use of and access to the
Subject Property as follows:
a. The ponding basin shall be situated on said Lot 9.
b. The temporary underground pipeline serving the ponding basin shall be
located along the south 10 feet of said lots 10,11 and 12.
2. The temporary storm drainage facilities shall be constructed to conform to the
grading plans prepared at the Covenantor's expense and approved by the Development
Department. The design of the temporary ponding basin, fencing and pipeline, shall conform to
Public Works standard specifications. The work shall be constructed pursuant to a grading permit
issued by the Planning and Development Department
3. The Public Works Director shall determine when such temporary storm drainage
facilities are no longer required. Within sixty (60) calendar days after the Public Works Director
notifies the Covenantor that such temporary storm drainage facilities are no longer necessary,
Covenantor agrees, in accordance with grading plans prepared at the Covenantor's expense and
approved by the Planning and Development Department, to obtain a grading permit From the
Planning and Development Department to abandon such temporary storm drainage facilities. The
abandonment of said temporary storm drainage facilities may include, but is not limited to,
demolition and disposal of certain structures, fencing, backfilling, compaction and grading the
Subject Property in accordance with said approved grading plan. Compaction reports, provided
at the Covenantor's expense, shall be required for backfilled areas.
4. This Statement shall in no way be construed as a grant by the City of Fresno of any
rights to the Covenantor to trespass upon land rightfully in the possession of, or owned by another,
whether such land be privately or publicly owned.
5. The City of Fresno shall not be liable to the Covenantor or to any other person, firm
or corporation whatsoever, for any injury or damage that may result to any person or property by
or from any cause whatsoever in, on or about the Subject Property of said land covered by this
Statement of Covenants
Temporary Storm Drainage Facilities
Tract No. 5603
Page 4
Statement, or any part thereof. The Covenantor hereby releases and agrees to indemnify, defend
and save the City of Fresno harmless from and against any and all injuries to and deaths of
persons, and all claims, demands, costs, loss damage and liability, howsoever same may be
caused, resulting directly or indirectly from the performance of any or all work to be done in and
upon the street rights-of-way and said Subject Property and upon the premises adjacent thereto
pursuant to this Statement, and also from all injuries to and deaths of persons, and all claims,
demands, costs, loss, damage and liability, howsoever same may be caused, either directly or
indirectly made or suffered by the Covenantor, the Covenantor's agents, employees and
subcontractors, while engaged in the performance of said work. The Covenantor further agrees
that the use for any purpose and by any person of any and all of the temporary storm drainage
facilities and improvements hereinbefore specified, shall be at the sole and exclusive risk of the
Covenantor at all times prior to the release by the City of Fresno of the temporary storm drainage
facilities and other improvements thereon and therein.
6. The conditions of this Statement are intended to benefit both the Subject Property,
the public and public properties. Accordingly, it is agreed the City of Fresno shall have the right
to enforce this Statement by any legal or equitable means against the Covenantor and such person
or persons in actual possession of the Subject Property who directly or who through any agent
violate the terms hereof.
7. The foregoing conditions and obligations of this Statement shall remain in full force
and effect until such time as: (a) the work to abandon the temporary storm drainage facilities
under the grading permit issued by the Planning and Development Department is completed, and
(b) the Public Works Director issues a written release of such conditions and obligations and
records such release with the Fresno County Recorder.
8. In the event that litigation is instituted to enforce or interpret any provision of this
Statement, the parties agree that the prevailing party shall be paid reasonable attorney's fees,
costs and litigation expenses.
9. The provisions of this Statement shall be deemed independent and severable and
the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not
affect the validity or enforce ability of any other provision hereof. Whenever the context of the
Statement so requires, in interpreting this Statement, any gender includes the other genders, the
singular includes the plural, and the plural includes the singular.
Statement of Covenants
Temporary Storm Drainage Facilities
Tract No. 5603
Page 5
DATED: '✓1 Y f R,
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
HABITAT FOR HUMANITY FRESNO, INC.,
Public Works Department A California "'- _ Pmfit 0--,- t Corporation
Patrick Wiemiller, Director tie
By: gy.
Scott Mozier, P.E., Assist nt Director Tom ey, Board Presi Ont
APPROVED AS TO FORM: B �.
4Anny J. Mir da,lExecutive Director
JAMES C. SANCHEZ
City Attorney
By: Q'L
John Fox,
Deputy City Attorney
Date: �'7,--n!j
(Attach Notary Acknowledgment)
CLERK'S CERTIFICATION
State of California )
County of Fresno )
On May 18, 2009, before me, Jennifer Morelos, Deputy City Clerk, City of Fresno,
personally appeared, Scott Mozier, P.E., Assistant Director, who proved to me on the basis
of satisfactory evidence,to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
REBECCA E. KLISCH, CMC
City Clerk, City of Fresno
By
Deputy
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of T Iree,11 o
On eioz(o 200 before me,_.,"�CK�-1 l � �L° �J� SQ�(1 'Notary Public,
Dae Here Irart Name and'Ihtle of the 0 icer
personally appeared iNl
Name f Signer(
proved to me on the basis f satisfactory evidence to be the
person;ewhose name isle subscribed to the within
instrument and acknowledged to me that he/4heftlxep—
executed the same in hisA4op4k-eir authorized
w��► capacity( ,and that by his/hzrf their signature(@} the
STACEY MARIE SIMPSON instrument the personfer, or the entity upon behalf of
Conwdstba M 1501"1 which the person�*<acted,executed the instrument.
Nolo►Public-CWW*
ftosoo Cou q I certify under PENALTY OF PERJURY under the laws of
Conan'jggmJW 27.2012 tthe State of California that the foregoing paragraph is true
and correct.
WITNESS my ha officials 1.
Signature
Place Notary Seal Above Signatr f Notary Puo is
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Though the information below is not required by law,it may prove valuable to person relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or type of Document: I/e!/lat,) rarct &vrfp �otlr
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies)Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer--Title(s): ❑ Corporate Officer--Title(s):
❑ Partner-- ❑Limited❑ General ❑ Partner— ❑ Limited.❑ General
❑ Attorney-in Fact `" ❑ Attorney-in Fact
❑ Trustee Top of thumb here ❑ Trustee Top of thumb hem
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County ofr�,�r�`7��
On �IV 24 . 7MCI before me, &r eS"sor\ ,Notary Public,
Dae I Here I rt Namee and title of the O icer
personally appeared_ �0 UJCJL—
Name of Signer
proved to me on thebasis9f satisfactory evidence to be the
persorj(efwhose name is{ere subscribed to the within
instrument and acknowledged to me that he{�
executed the same in hisj1erfttretr authorized
capacity(,and that by hisAherf t3 r signaturo(a n the
IS 4 VI it sl soM instrument the person(�or the entity upon behalf of
�0 1which the person,(e-acted,executed the instrument.
*"P1lM'Clolw� I certify under PENALTY OF PERJURY under the laws of
he CWA* the State of California that the foregoing paragraph is true
M Conrn.6 ins Jul 27 1 and correct.
WITNESS my han d 'fficial seal
Signature
or Place Notary Seal Above Signa e of Notary Pu
---------------------------------------- OPTIONAL ---------------------------------------------
Though the information below is not required by law,it may prove valuable to person relying on the document
and could preventfraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or type of Document:
Document Date: Number ZSf Pages:
Signer(s)Other Than Named Above:
Capacity(ies)Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer--Title(s): ❑ Corporate Officer--Title(s):
❑ Partner-- ❑Limited❑General ❑ Partner—❑Limited❑ General
❑ Attorney-in Fact `' ❑Attorney-in Fact
❑ Trustee Top of thumb here ❑ Trustee Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded February 1, 2006, in the office of the Fresno County Recorder, as
Document No. 2006-0022610 of which the Deed of Trust in, by and between Fresno West Coalition for
Economic Development, a California Non-Profit Benefit Corporation, as Trustor, Chicago Title
Company, a California Corporation, as Trustee and City of Fresno, a Municipal Corporation as
Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the
foregoing Statement of Covenants Affecting Land Developmentfor Temporary On-Site Storm Drainage
Facilities for the Final Map of Tract No. 5603.
An Assignment and Assumption Agreement executed by and between Fresno West Coalition for
Economic Development,a California Non-Profit Benefit Corporation and Habitat for Humanity Fresno,
recorded December 8, 2008, as Document No. 2008-0167933 of Official Records.
DATED:
BENEFICIARY
City of Fresno, a Municipal Corporation
By:
�(lhd►21,� 7/ St9u Z�� (�� }lit r1Gc ye✓
By:
(Beneficiary to prinb'type document
information, Name, Title and attach Notary
Acknowledgment)
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of f� re-s n o
On Gl l 1,67, 2 ON before me, Th ere SU Su Jd 11/a r D]-a CL, Rbl I C ,
(Here insert nam and title of the o er)
personally appeared n�re W I • SD Ll z6- J ,
who proved to me on the basis of satisfactory evidence to be the person( whose name(g) is/afe subscribed to
the within instrument and acknowledged to me that he/she4hey executed the same in his/h+r,(Wr authorized
capacity(i4), and that by his/heOfWr signature(g)on the instrument the person(A,or the entity upon behalf of
which the person(g)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing.paragraph
is true and correct.
THERESA SALDNAR
COMM. #1649668 z
WITNESS my hand and official seal. ° Notary Public • California o
.. Fresno County
My Comm.Expires Apr.3,2010
Signature of Notary Public (Notary Seal)
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